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EB1- Everything You need to Know

How to Apply For Eb1 Oustanding Talent Green Card, Everything You Should Know. Step by Step Process. Document Checklist in Detail.​

EB1 is outstanding talents are the pathways for people with outstanding talents in the fields of science, education, business, sports, and art to apply for immigration to the United States and apply for a green card. One of the categories of American occupational immigration applications.
The advantage of the EB-1 application is that for applicants who meet the EB1 application requirements, the Immigration Department can apply for a green card without applying for a labor certification PERM. Applying for a green card requires two steps, immigration I-140, and application for green card I-485
The spouse and child of EB-1 can follow along to apply for immigration and a green card.

EB1 Green Card | Legal Dos

There are three types of “outstanding talent” applications:

  • Alien of Extraordinary Ability (EB-1A) (see US Immigration Law 203(b)(1)(A))

EB-1a outstanding talents are those who have outstanding talents in the fields of science, education, business, sports, and art. Applicants can also directly apply for immigration I-140 and green card application I-485 and obtain a green card by themselves. At the same time, after submitting the EB1a application, the applicant can change jobs at will, as long as he can prove that the new job is in the outstanding field of his application.
TIP: EB-1a outstanding talents do not require employer support and application. Applicants can apply for green cards by themselves. EB1b and EB1c need the support of employers. Applicants must be American employers and have permanent work commitments.

  • Outstanding Researcher/Outstanding Professor (EB-1B)

EB1b “Outstanding professors or researchers” are professors or researchers who have achieved a national or international reputation in the scientific or academic fields. Applicants must also teach or have been engaged in research work for at least three years in a certain academic field. The U.S. employer is required to apply for the applicant and has a promise of permanent work.
TIP: Research work during the Ph.D. degree period can be counted as work experience for applying for EB1b. Postdoctoral research does not count as a promise of permanent work.

  • EB-1C multinational company executives (Managers and Executive Transferees)

EB1c “Supervisors or managers of multinational companies” are executives transferred to American companies by multinational companies. The U.S. employer is required to apply for the applicant and has a promise of permanent work.

How do you qualify for EB1?

EB1A: You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim

EB1B: You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years of experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, the institution of higher education, or a private employer.

EB1C: You must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity.

EB1A has been explained separately in O1 visa and green card application and EB1C in L1 and green card application. Distinguished professors and researchers who meet the requirements can apply for EB1A or EB1B. If applying for EB1A, please refer to the O1 visa and green card application. This article focuses on EB1b, outstanding professors and researchers applying for US immigration and green card applications.

What is an EB-1 visa and who qualifies for it?

The EB-1 is a preference category for United States employment-based permanent residency. … Those are foreign nationals who either have “extraordinary abilities”, or are “outstanding professors or researchers”, and also include “some executives and managers of foreign companies who are transferred to the US”.

To apply for eligibility, EB-1B applicants need to submit at least two of the following six proof materials:

1. Make original scientific, academic, or artistic contributions in the professional field. That is, “Original Contributions” (Original Contributions).
2. Published professional works in international journals, such as academic articles, academic papers, books, etc., namely “Scholarly Articles” (Scholarly Articles)
3. Won a major award or reputation, that is, “Major Prizes or Awards” (Major Prizes or Awards);
4. Join an association or organization that only people with outstanding achievements can join; that is, “Professional Association Membership” (Invited Membership)
5. In professional publications or major commercial publications, report the achievement of “Published Material About You” (Published Material About You).
6. Participate in the “Judging or Review” (Judging or Review) of the works of industry personnel as individuals or groups.

Applicants must prove that they meet the following three conditions:

1. Obtaining internationally recognized achievements in the scientific or academic fields;
2. In the scientific or academic field, 3 years or more of teaching experience or related research experience;
Tip: During the Ph. of Ph. study period or research can be used as work experience.
3. The work unit applies for support, and obtains the promise of a lifetime teaching position or a permanent research position;
Tip: Permanent work commitments are generally provided by universities, academic or scientific research institutions, or private employers. The private employer must have hired at least three full-time researchers to do research work, and provide documents to prove that they have achieved achievements in a certain academic or scientific research field.
Tip: Distinguished professors or researchers living in the United States or outside the United States can apply for immigration and green card applications.

The EB1B application process is:

The first step: I-140, submit an EB1B immigration application to the Immigration Department
I-140 routine processing requires six months to one year, and an accelerated trial can also be requested, and the results of the accelerated trial should be obtained within 15 days.

After the EB-1 immigration application I-140 is approved, if the scheduled date is current, you can immediately submit an I-485 green card application for adjustment of status. After the adjustment of status is submitted, the result will usually be 6-12 months.

TIP: EB-1 is scheduled, and the Immigration Bureau INA allocates 140,000 immigrant visas to professional immigrants every year. INA further stipulates that the number of immigrants in each country is limited to 7% each year. If the immigrant quota of other countries has not been used up, it can be evenly distributed to the countries that have already used up the immigrant quota. Currently, there is no deadline for EB-1 immigration applications.

Next, at the current time, if you are in the United States, you can apply for a green card I-485, if you are overseas, you can follow the consulate immigrant visa procedure DS-260.

I-485 procedures in the United States:

To apply for I-485, I-131, and I-765 at the same time, the list of application materials:

  1. I-485 Form status adjustment application form;
  2. Form I-485J;
  3. I-131 Reentry Permit Form;
  4. I-765 work card application form;
  5. I-140 approval or a copy of receipt;
  6. The Immigration Bureau application fee is $1225.00, check or Money Order (the fee will be different for different ages, please check the Immigration Bureau for details);
  7. Copy of birth certificate;
  8. 6 photos, passport format 2 Inch*2 Inch;
  9. Copy of passport;
  10. Keep legal identification documents, such as I-94, visa page, I-797, etc.;
  11. I-693 Form immigration medical report.

If the spouse and unmarried children under the age of 21 and the main applicant apply for the I-485 green card at the same time, and apply for the reentry permit I-131 and the work card I-765 at the same time, each additional applicant needs to submit the following documents:

  1. The attached person’s I-485 Form status adjustment application form;
  2. The Immigration Bureau application fee is $1225.00, check or Money Order (the fee will be different for different ages, please check the Immigration Bureau for details);
  3. A copy of the birth certificate of the attached person;
  4. Attached are 6 photos of the person, passport format 2 Inch*2 Inch;
  5. The kinship certificate of the attached person and the main applicant, such as marriage certificate, birth certificate, etc.;
  6. A copy of the accompanying person’s passport;
  7. Attach the person’s legal identification documents, such as I-94, visa page, I-20, I-797, etc.;
  8. I-693 Form immigration medical report attached to the person;
  9. Attached person’s I-131 reentry permit form;
  10. The I-765 work card application form is attached to the person.

Immigrant visa procedures for consulates outside the United States:

To apply for EB1B immigration, after the I-140 immigration application is approved, you need to complete the 3 steps of NVC National Visa Center/DS-260, overseas consulate immigration visa, and payment of the USCIS green card production fee.
The first step: NVC National Visa Center.

You will receive a letter from the National Visa Center NVC, informing the applicant that the case has been received, and the National Visa Center’s immigrant visa fee invoice number Invoice ID Number and case number NVC Case Number also require the following:

  1. Pay the immigrant visa fee of US$345.00;
  2. Submit the immigrant visa DS-260 form;
  3. Submit civil documents, including passport information pages, U.S. passport-sized photos, birth certificates, marriage certificates, divorce certificates, criminal record certificates, and military service certificates (if applicable).

First log on to the State Council website CEAC, use the above invoice number Invoice ID Number and NVC National Visa Center NVC case number, online ACH to pay the immigrant visa fee of $345.00. About 1-2 weeks, after receiving the payment, you can submit to the NVC National Visa Center DS-260 form and related civil documents.

If you are applying for your spouse and unmarried children under 21 as additional applicants, you need to submit the following more information:

  1. Pay a visa fee of $345.00 for the incidental person;
  2. Submit the immigrant visa DS-260 form of the accompanying person;
  3. Submit the accompanying civil documents, including passport information pages, U.S. passport-sized photos, birth certificates, marriage certificates, divorce certificates, non-criminal records certificates, and military service certificates (if applicable).

Step 2: U.S. Consulate Immigration Visa

Generally, about 1-2 months after the NVC National Visa Center approves the notice, the American consulate will receive the immigrant visa case. The local consulate will send an appointment interview letter to indicate the location and time of the interview. Generally, it will be from January to June after the interview letter is sent. Interview. Please prepare the following list of materials when preparing for the interview:
1. Immigration medical report. Only the immigration medical report issued by the hospital or doctor is approved by the consulate.
2. All previous application materials;
If the EB1B immigrant visa is passed, the visa officer will make a visa and take away the passport. Usually, you can receive your passport within 2-4 weeks. Note: The immigrant visa medical report is valid within 180 days, not 180 days from the visa date. This is the time to prepare for landing in the United States and the next step for the US Immigration Bureau to pay.

Step Three: U.S. Immigration Service

Immigration packet will be sent 2-4 weeks after the interview, including passport with visa. The visa is valid for 6 months. After arriving in the United States, the immigration packet needs to be handed over to the border customs officer, don’t forget to go to the USCIS website to pay for the production Green card fee, the green card is usually sent out within 90 days

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